Have any immigration papers (i-130 or Labor certification) ever ben filed by him through a family member or employer?
If so, he may not have to leave country IF those papers were filed before April 20, 2001.
If this is the case please contact me
Note: The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client.
Best regards, Neil
Neil L Fleischer
The Fleischer Law Firm, LLC
917 Main Street
Cincinnati, Ohio 45202-1314
Direct telephone: 513 977 4209
Law office telephone: 513 977 4200
WEB page: immigrate2usa.com
If he is not 245i eligible because no immigrant petition was filed for him before April 30, 2001, he would have to apply for his lawful permanent residence through the U.S. consulate in Mexico. He would need to apply for a waiver of his unlawful presence and demonstrate that his U.S./Lawful permanent resident spouse or parent would suffer extreme hardship if he was not allowed to return to the United States. These are complex cases and require the assistance of an attorney. Please feel free to contact me for a consultation.
Seeta L. Nangia, Esq.
Exclusively Practicing Immigration Law
Phone: (415) 273-9123